Blacks Law Dict. 1st ed

1159

TENANT IN TAIL, ETC.

TENDER

tail in remainder was unable to bar the en tail without the concurrence of the tenant foi life, because a common recovery could only be suffered by the person seised of the land. In such a case, if the tenant for life wished to concur in barring the entail, he usually conveyed his life-estate to some other person, in order that the prcecipe in the recovery might be issued against the latter, who was therefore called the "tenant to the prcecipe." Williams, Seis. 169; Sweet. TENANT'S FIXTURES. This phrase signifies things which are fixed to the free hold of the demised premises, but which the tenant may detach and take away, provided he does so in season. 4 Gray, 256, 270. TENANTABLE REPAIR. Such & re pair as will render a house fit for'present habitation. TENANTS BY THE VERGE "are in the same nature as tenants by copy of court roll, [i. e., copyholders.] But the reason why they be called «tenants by the verge' is for that, when they will surrender their tene ments into the hands of their lord to the use of another, they shall have a little rod (by the custome) in their hand, the which they shall deliver to the steward or to the bailife, * * * and the steward or bailife, accord ing to the custome, shall deliver to him that taketh the land the same rod, or another rod, in the name of seisin; and for this cause they are called • tenants by the verge,' but they have no other evidence [title-deed] but by copy of court roll." Litt. § 78; Co. Litt. 61a. TENCON. L. Fr. A dispute; a quar rel. Kelham. TEND. In old English law. To tender or offer. Cowell. TENDER. An offer of money; the act by which one produces and offers to a person holding a claim or demand against him the amount of money which he considers and ad mits to be due, in satistaction of such claim or demand, without any stipulation or con* dition. Tender, in pleading, is a plea by defend ant that he has been always ready to pay the debt demanded, and before the commence ment of the action tendered it to the plain tiff, and now brings it into court ready to be paid to him, etc. Brown. Legal tender. Money is said to be legal tender when a creditor cannot refuse to ac cept it in payment of a debt.

TENANT IN TAIL AFTER POSSI BILITY OF ISSUE EXTINCT. See TAIL AFTEB POSSIBILITY, etc. TENANT IN TAIL EX PROVISIONE VIBI. Where an owner of lands, upon or previously to marrying a wife, settled lands upon himself and his wife, and the heirs of their two bodies begotten, and then died, the wife, as survivor, became tenant in tail of the husband's lands, in consequence of the hus band's provision, (ex provisione viri.) Originally, she could bar the estate-tail like any other tenant in tail; but the husband's intention having been merely to provide for her during her widowhood, and not to enable her to bar his children of their inheritance, she was very early restrained from so doing, by the statute 32 Hen. VII. c. 36. Brown. TENANT OF THE DEMESNE. One who is tenant of a mesne lord; as, where A. is tenant of B., and G. of A., B. is the lord, A. the mesne lord, and C. tenant of the de mesne. Ham. N. F. 392, 393. TENANT PARAVAILE. The under tenant of land; that is, the tenant of a tenant; one who held of a mesne lord. TENANT-RIGHT. 1. A kind of cus tomary estate in the north of England, fall ing under the general class of copyhold, but distinguished from copyhold by many of its incidents. 2. The so-called tenant-right of renewal is the expectation of a lessee that his lease will be renewed, in cases where it is an established practice to renew leases from time to time, as in the case of leases from the crown, from ecclesiastical corporations, or other collegiate bodies. Strictly speak ing, there can be no right of renewal against the lessor without an express compact by him to that effect, though the existence of the custom often influences the price in sales. 3. The Ulster tenant-right may be de scribed as a right on the tenant's part to sell his holding to the highest bidder, sub ject to the existing or a reasonable increase of rent from time to time, as circumstances may require, with a reasonable veto reserved to the landlord in respect of the incoming tenant's character and solvency. Mozley & Whitley. TENANT TO THE PRJECTPE. Be fore the English fines and recoveries act, if land was conveyed to a person for life with remainder to another in tail, the tenant in

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